Instant Download PDF Employment Law For Business 8th Edition Bennett-Alexander Test Bank Full Chapter

Employment Law for Business 8th
Edition Bennett-Alexander Test Bank

Go to download the full and correct content document:
https://testbankfan.com/product/employment-law-for-business-8th-edition-bennett-ale
xander-test-bank/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...
Employment Law for Business 8th Edition Bennett-

Alexander Solutions Manual
https://testbankfan.com/product/employment-law-for-business-8th-
edition-bennett-alexander-solutions-manual/
Employment Law For Business 6th Edition Bennett-

Alexander Test Bank
edition-bennett-alexander-test-bank/

Alexander Test Bank
Employment Law For Business 7th Edition Bennett-

Alexander Test Bank
Alexander Solutions Manual
edition-bennett-alexander-solutions-manual/
Employment and Labor Law 8th Edition Cihon Test Bank
https://testbankfan.com/product/employment-and-labor-law-8th-
edition-cihon-test-bank/
Employment and Labor Law 8th Edition Cihon Solutions

Manual
https://testbankfan.com/product/employment-and-labor-law-8th-
edition-cihon-solutions-manual/
Employment Law for Human Resource Practice 4th Edition

Walsh Test Bank
https://testbankfan.com/product/employment-law-for-human-
resource-practice-4th-edition-walsh-test-bank/
Employment Law for Human Resource Practice 5th Edition

Walsh Test Bank
https://testbankfan.com/product/employment-law-for-human-
resource-practice-5th-edition-walsh-test-bank/
Chapter 06 – Race and Color Discrimination
Chapter 06
Race and Color Discrimination
True/False Questions
1. According to the U.S. Supreme Court, white managers using the term “boy” in reference to
black employees is not enough evidence of workplace race discrimination.
Answer: False
LO: 06-02 Explain the relevance of the history of civil rights to present-day workplace race
discrimination issues.
Topic: Background of Racial Discrimination in the United States
Blooms: Remember
AACSB: Analytical Thinking
Difficulty: 1 Easy
Feedback: In 2006, the U.S. Supreme Court unanimously held that the term “boy” used by
white managers at an Alabama Tyson Foods plant to refer to black employees could, alone, be
used as evidence of workplace race discrimination. The term is one used in the slave and Jim
Crow era to refer to black men.
2. The U.S. Department of Labor Glass Ceiling Studies in 1991 and 1995 found that minorities
plateau at a higher corporate level than women.
Answer: False
Topic: Race: Putting It All Together
Blooms: Remember
Difficulty: 1 Easy
Feedback: The U.S. Department of Labor Glass Ceiling Studies in 1991 and 1995 of barriers to
full management participation in the workplace by women and minorities found that minorities
had made strides in entering the workplace, but a “glass ceiling” exists beyond which minorities
rarely progress. The study found that minorities plateau at a lower corporate level than women,
who plateau at a lower level than white males.
3. The Voting Rights Act of 1965 gave African-Americans full voting rights in the United
States.
Answer: True
Blooms: Remember
Difficulty: 1 Easy
Feedback: It was not until the Voting Rights Act of 1965 that African-Americans received full
voting rights in the United States. Before this, the simple act of registering to vote could cost an
African-American his or her job, family, home, or life.
6-1
© 2015 by McGraw-Hill Education. This is proprietary material solely for authorized instructor use. Not
authorized for sale or distribution in any manner. This document may not be copied, scanned, duplicated,
forwarded, distributed, or posted on a website, in whole or part.
4. Researchers have found that African-Americans who leave messages in response to ads often
never receive return calls, while whites almost always do.
Answer: True
LO: 06-03 Set forth the findings of several recent studies on race inequalities.
Topic: Surprised?
Blooms: Remember
Difficulty: 1 Easy
Feedback: When researchers sent out identical résumés for jobs listed in the newspaper, with
the only difference being the names of the applicants, those with “ethnic” names like Jamal or
Lakiesha received 50 percent fewer callbacks for jobs than the identical résumés with
traditionally white names like Megan or Brad. In addition, researchers have found linguistic
profiling—African-Americans who leave messages in response to ads often never receive
return calls, while whites almost always do.
5. Under reverse race discrimination, the ultimate burden of persuasion remains always on the
defendant.
Answer: False
LO: 06-04 Identify several ways that race and color discrimination are manifested in the
workplace.
Topic: Evolving Definitions of Race
Blooms: Remember
Difficulty: 1 Easy
Feedback: Title VII of the Civil Rights Act of 1964 prohibits race discrimination against all
persons, including Caucasians. A plaintiff may prove a claim of discrimination through direct
or circumstantial evidence. Also, the ultimate burden of persuasion remains always on the
plaintiff.
6. Title VII of the Civil Rights Act of 1964 permits employer actions that discriminate based on
race-linked illness.
Answer: False
workplace.
Blooms: Remember
Difficulty: 1 Easy
Feedback: Title VII of the Civil Rights Act of 1964 prohibits employer actions that discriminate
based on race-linked illness. Title VII prohibits employer actions that discriminate, by
motivation or impact, against persons because of race.
7. Discrimination against an individual based on perception of his or her race violates Title VII
of the Civil Rights Act of 1964 even if that perception is wrong.
Answer: True
6-2
workplace.
Blooms: Remember
Difficulty: 1 Easy
Feedback: Title VII of the Civil Rights Act of 1964 prohibits employment discrimination
against an individual based on a belief that the individual is a member of a particular racial
group, regardless of how the individual identifies himself. Discrimination against an individual
based on a perception of his or her race violates Title VII even if that perception is wrong.
8. An English-only rule may be used at a workplace if it is needed to promote the safe or

efficient operation of the employer’s business.
Answer: True
workplace.
Blooms: Remember
Difficulty: 1 Easy
Feedback: English-only rules must be adopted for non-discriminatory reasons. An English-only
rule may be used if it is needed to promote the safe or efficient operation of an employer’s
business.
9. Actions for racial harassment, unlike those of race discrimination under Title VII of the Civil
Rights Act of 1964, cannot be brought under the post–Civil War statutes, state human rights or
fair employment practice laws, or constitutional provisions.
Answer: False
LO: 06-05 Explain why national origin issues have recently been included under race
discrimination claims by the EEOC.
Topic: Racial Harassment
Blooms: Remember
Difficulty: 1 Easy
Feedback: Actions for racial harassment, like those of race discrimination under Title VII of the
Civil Rights Act of 1964, may be brought under the same alternative statutes as race
discrimination, as appropriate—that is, the post–Civil War statutes, state human rights or fair
employment practice laws, or constitutional provisions.
10. Lighter-toned Hispanics, East Asians, and Asians, among others, all have experienced
serious color issues within their cultures.
Answer: True
Topic: A Word about Color
6-3
Blooms: Remember
Difficulty: 1 Easy
Feedback: Color has been a divisive issue for as long as African-Americans have been in the
United States, and it still is. As other ethnicities have joined the mix, it is clear that color is an
issue with them also. Lighter-toned Hispanics, East Asians, and Asians, among others, all have
experienced serious color issues within their cultures.
11. The only time that a discussion of race should be initiated in a workplace is in the midst of
an allegation of racial discrimination.
Answer: False
LO: 06-06 Describe ways in which an employer can avoid potential liability for race and color
discrimination.
Topic: Management Tips
Blooms: Remember
Difficulty: 1 Easy
Feedback: Employers should not shy away from discussing race when the issue arises. It is
important for employers to provide a positive, nonthreatening, constructive forum for the
discussion of racial issues.
12. Employees can sue under the state or federal Constitution for a denial of equal protection if
they work for the government or under state tort laws for defamation, intentional infliction of
emotional distress, assault, or any other tort the facts support.
Answer: True
discrimination.
Blooms: Remember
Difficulty: 1 Easy
Feedback: Employees can sue under the state or federal Constitution for a denial of equal
protection if they work for the government or under state tort laws for defamation, intentional
infliction of emotional distress, assault, or any other tort the facts support.
Multiple Choice Questions
13. Which of the following is the first of the prohibited categories in Title VII of the Civil
Rights Act of 1964?
A) Discrimination based on economic class
B) Discrimination based on gender
C) Discrimination based on race
D) Discrimination based on social status
Answer: C
LO: 06-01 Discuss and give details on the history of race discrimination and civil rights in the
United States.
6-4
Topic: Surprised?
Blooms: Remember
Difficulty: 1 Easy
Feedback: Race is the first of the prohibited categories in Title VII of the Civil Rights Act of
1964, the main reason for passage of the law, and it remains, even today, a factor in the lives of
many employees. Race still matters more than many may realize.
14. In 2008, the U.S. House of Representatives passed a resolution apologizing for _____.
A) slavery, Jim Crow, and its present-day impact on blacks
B) terrorism and its impact on foreign trade
C) corruption, bad governance, and its impact on the economy
D) unemployment and its impact on young Americans
Answer: A
Blooms: Remember
Difficulty: 1 Easy
Feedback: In 2008, the U.S. House of Representatives passed a resolution apologizing for
slavery, Jim Crow, and its present-day impact on blacks. The Senate passed a similar resolution
the next year.
15. Title VII’s (of the Civil Rights Act of 1964) ban on racial discrimination applies:
A) only to black people.
B) specifically to black and Hispanic people.
C) to all citizens equally.
D) to all member countries of the United Nations.
Answer: C
Topic: General Considerations
Blooms: Remember
Difficulty: 1 Easy
Feedback: Title VII of the Civil Rights Act of 1964 was enacted primarily in response to
discrimination against African-Americans in the United States, but the act applies equally to all.
However, there are times when it appears the law does not equally protect rights of
nonminorities; this is done only in a remedial context with strict safeguards in place.
16. Before the Civil Rights Act of 1964, the Slave Codes or the Black Codes:
A) helped in eliminating slavery and racial discrimination against blacks completely.
B) helped in exercising psychological control over blacks in the United States.
C) mandated that employers should provide extra benefits to their black employees.
D) prohibited blacks from seeking any sort of employment in the United States.
6-5
Answer: B
Blooms: Remember
Difficulty: 1 Easy
Feedback: In many places, there were many more slaves than whites, so absolute control was
necessary in order to prevent slave uprisings, which were a major concern for whites. Without
having sufficient manpower to exercise this control physically, such control had to be imposed
psychologically, as well. This was done quite systematically and with the intention of keeping
the system of slavery in place forever. Each of the rules and regulations contained in the Slave
Codes, and later, after Reconstruction, in the Black Codes, was designed to do this.
17. Brett, the manager at Warson’s Diner, plans to promote Keisha, one of the waitresses, to the
position of an assistant manager. However, the owner, being racially biased, prevents him from
doing so. Later, when Brett wants to promote one of the delivery boys to waiter, the owner
again vetoes his recommendation on the grounds that his customers would feel uncomfortable
having a black man deliver their food. Brett, extremely frustrated, offers Keisha and the
delivery boy their promotions as he finds them deserving. Subsequently, Brett gets fired. Which
of the following holds true in this scenario?
A) Brett has a cause of action against Warson’s Diner for retaliatory discharge under Title VII
of the Civil Rights Act of 1964.
B) Brett has a cause of action against Warson’s Diner based on the bona fide occupational
qualification defense.
C) Brett is liable for racial discrimination because as a manager he failed to change the
company’s policy regarding promotion of African-Americans.
D) Brett is liable because he failed to follow the instructions provided by his employer.
Answer: A
Blooms: Apply
AACSB: Reflective Thinking
Difficulty: 3 Hard
Feedback: Brett has a cause of action against Warson’s Diner for retaliatory discharge under
Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission
(EEOC) filed suit in 2013 against a company that not only fired a white employee who
recommended that a black temporary employee be hired full-time and given benefits, but
rejected her suggestion by “punctuating it with racist language.” The latest EEOC statistics for
FY 2013 indicated that race remains one of the most frequent types of claim filed with the
agency, with it being only second to retaliation claims, and just ahead of gender.
18. Sharon, a white female, and James, a black male, who work at the NewThings Mart as
cashiers decide to steal some bottles of beer. Sharon watches the front of the store, while James
loads the beer into his truck from the store’s inventory room. Neither of them was aware of the
6-6
security cameras in the store. The owner, being notified of the theft by the security guard,
terminates Sharon and gives James a written warning. Which of the following holds true in this
scenario?
A) Sharon has no cause of action because she is an at-will employee.
B) Sharon has no cause of action because she does not belong to a protected class.
C) Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 because the act
applies equally to all.
D) Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 for retaliatory
discharge.
Answer: C
Blooms: Apply
Difficulty: 3 Hard
Feedback: Sharon has a cause of action under Title VII of the Civil Rights Act of 1964 for racial
discrimination. Title VII was enacted primarily in response to discrimination against
African-Americans in the United States, but the act applies equally to all.
19. Martha, a black woman, had been working as an associate photographer for The Fashion
Final Magazine for five years. When the chief photographer position was open, Martha applied
for the position but did not get selected. Instead, Sally, a white woman, was appointed as the
chief photographer. Even though Martha was aware that Sally had better qualifications and
experience to be a chief photographer, she filed a racial discrimination claim with the Equal
Employment Opportunity Commission (EEOC). Which of the following holds true in this
scenario?
A) Martha’s complaint will prevail because an employee can be hired or promoted simply
because he or she belongs to a protected class.
B) Martha’s complaint will prevail under the business necessity defense.
C) Martha’s complaint will not prevail because not every decision that is arbitrary or unfair is
discrimination.
D) Martha’s complaint will not prevail because Title VII of the Civil Rights Act of 1964
prohibits promotions from within an organization.
Answer: C
Blooms: Apply
Difficulty: 3 Hard
Feedback: Martha’s complaint will not prevail because not every decision that is arbitrary or
unfair is discrimination. It takes far more than alleging discrimination to win a case under Title
VII of the Civil Rights Act of 1964. It is necessary to present credible evidence of
discrimination in order to succeed.
6-7
20. A five-year, seven-volume study by the Russell Sage Foundation found that:
A) racial stereotypes and attitudes heavily influenced the labor market, with blacks landing at
the very bottom.
B) networking within an organization and having a mentor do not give African-American men
the same measurable benefits as whites.
C) obtaining new employees through word-of-mouth recruitment helps create a heterogeneous
workplace.
D) African-Americans are easier to get along with than other ethnic groups.
Answer: A
Topic: Surprised?
Blooms: Remember
Difficulty: 1 Easy
Feedback: A five-year, seven-volume study by the Russell Sage Foundation found that “racial
stereotypes and attitudes heavily influenced the labor market, with blacks landing at the very
bottom.” Also, other research showed that employers would rather hire a white man who had
served time in prison than a black man who had not.
21. A study by University of Georgia researchers published in the Journal of Vocational

Behavior in 2012 found that:
A) racial stereotypes and attitudes heavily influenced the labor market, with Asians landing at
the very bottom.
B) only 4 out of 10 whites under 30 believe African-Americans and whites are treated equally.
C) networking within an organization and having a mentor do not give African-American men
the same measurable benefits as whites.
D) female applicants who leave messages in response to job ads often never receive return calls,
while male applicants almost always do.
Answer: C
Topic: Surprised?
Blooms: Remember
Difficulty: 1 Easy
Feedback: A study by University of Georgia researchers published in the Journal of Vocational
Behavior in 2012 found that networking within an organization and having a mentor, which are
generally thought to promote career success, do not give African-American men the same
measurable benefits as whites. Also, a five-year, seven-volume study by the Russell Sage
Foundation found that “racial stereotypes and attitudes heavily influenced the labor market,
with blacks landing at the very bottom.”
22. Marla, a white woman, is married to an African-American man and has a biracial son. She
works as a counselor for a large private school. One day, Marla’s husband and son stop by the
school to pick her up after work. A few days later, Marla is fired from her job without any
reasonable cause. Marla believes that the termination is based on her employer’s reaction to her
husband and son. Thus, Marla has a claim under Title VII of the Civil Rights Act of 1964 based
6-8
on:
A) disparate impact.
B) constructive discharge.
C) discrimination by association.
D) discrimination by perception.
Answer: C
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Marla has a claim under Title VII of the Civil Rights Act of 1964 based on
discrimination by association. It is unlawful to discriminate against a white person because he
or she is married to an African-American or has a multiracial child, or because he or she
maintains friendships or otherwise associates with persons of a certain race.
23. Zhu is the owner of Orchid Cleaning and Housekeeping Services. He never hires or
promotes a black applicant to the position of supervisor because he believes that his
predominantly Asian crew will not follow instructions from a black supervisor. Thus, Zhu is
liable for:
A) reverse discrimination against an individual because of others’ perceptions about the
individual.
B) disparate treatment, and he cannot use the bona fide occupational qualification defense to
protect himself.
C) constructive discharge, but he can use the business necessity defense to protect himself.
D) employment discrimination against an individual because of his or her association with
someone of a particular race.
Answer: B
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Zhu is liable for disparate treatment, and he cannot use the bona fide occupational
qualification defense to protect himself. Racial discrimination may be by way of disparate
treatment or disparate impact. Disparate treatment may be shown by direct or indirect evidence
of discrimination. Race cannot be used as a bona fide occupational qualification.
24. Which of the following is meant by researchers when they refer to the concept of “new
racism”?
A) They are referring to the idea that blacks are unable to break the glass ceiling and attain
positions in upper-level management.
B) They are referring to the idea that people appear to be more racist, on average, since the
Great Depression.
6-9
C) They are referring to the idea that whites think everything is fair for everyone, so nothing
need be done to ensure equal opportunity anymore.
D) They are referring to the idea that in recent times, discrimination is based on an individual’s
economic status rather than his or her race.
Answer: C
workplace.
Blooms: Understand
Difficulty: 2 Medium
Feedback: 9 out of 10 whites under 30 believe African-Americans and whites are treated
equally. With this mind-set, employers would be less likely to respond appropriately to claims
of racial discrimination from nonwhite employees and thus increase the likelihood of liability
under Title VII of the Civil Rights Act of 1964. In fact, researchers refer to the idea that whites
think everything is fair for everyone, so nothing need be done to ensure equal opportunity
anymore, as the “new racism.”
25. Briana was employed as a flight attendant by Tropical Coast Airlines. She was the only
black female flight attendant on the airplane she was assigned to. At her job, Briana was
frequently subjected to racial slurs, misbehavior, and threats from her co-workers. One
co-worker even told their supervisor that the airline’s customers would not want to take orders
from a black girl in the case of an in-flight emergency. Unable to tolerate the hostile
environment, Briana quit her job. Which of the following holds true in this scenario?
A) Briana has a cause of action for racial harassment under 42 U.S.C. section 1983.
B) Briana does not have a cause of action for racial harassment, as she resigned at her own will.
C) Briana has a cause of action for racial harassment under Title VII of the Civil Rights Act of
1964, as there is evidence that she was harassed.
D) Briana does not have a cause of action for racial harassment, as the actions of her co-workers
were not pervasive or severe.
Answer: C
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Briana has a cause of action for racial harassment under Title VII of the Civil Rights
Act of 1964, as there is evidence that she was harassed. To hold an employer liable for racial
harassment, an employee must show that the harassment was (l) unwelcome, (2) based on race,
and (3) so severe or pervasive that it altered the conditions of employment and created an
abusive environment, and that (4) there is a basis for imposing liability on the employer.
26. Harold, a black man, worked for Alegius Financial Services as a sales representative. On
three separate occasions over a period of six months, an anonymous co-worker left racist
literature on the desks of all of the employees, including the supervisors’. Also, on the first
6-10
working day of every month, the employees and the supervisors would receive a link to a
hate-based website from an unknown e-mail address. Harold did not raise an issue in his office.
Instead, he filed a claim with the Equal Employment Opportunity Commission (EEOC) and
later sued Alegius for racial harassment. Which of the following holds true in this scenario?
A) Harold will lose his case because he was not directly subjected to the racial harassment.
B) Harold will lose his case because he did not give his employer an opportunity to investigate
the incident.
C) Harold will win his case because the employer has violated a bona fide occupational
qualification.
D) Harold will win his case because the employer was aware of the racially harassing behavior,
yet no discipline was imposed.
Answer: D
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Harold will win his case because the employer was aware of the racially harassing
behavior, yet no discipline was imposed. An employer is responsible for racial harassment if
the employer himself or herself is the one who perpetrates the harassment, or if it is permitted in
the workplace by the employer or supervisory employees.
27. Rasheed Olson, a black man with a bachelor’s degree in physical education, applies for a
job at a gym along with a white friend who has the same qualifications. Although his friend gets
an interview call from the gym, Rasheed does not receive any interview calls. Suspecting that
his application was rejected due to his first name, Rasheed submits an identical résumé to the
same gym but changes his first name on the résumé. Consequently, he is invited for an
interview. In this scenario, Rasheed has been a victim of:
A) disparate impact because of his association with someone of a particular race.
B) discrimination based on the perception of his race.
C) constructive discharge under Title VII of the Civil Rights Act of 1964.
D) reverse discrimination under 42 U.S.C. section 1983.
Answer: B
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Rasheed has been a victim of discrimination based on the perception of his race.
Discrimination based on perception refers to employment discrimination against an individual
based on a belief that the individual is a member of a particular racial group, regardless of how
the individual identifies himself. Discrimination against an individual based on a perception of
his or her race violates Title VII of the Civil Rights Act of 1964 even if that perception is wrong.
6-11
28. David, a Hispanic employee at Bluerock Tire Manufacturing Company, contacted the plant
manager to inform him that his supervisor, Bill, treated him in a bad manner simply because he
was Hispanic. After Bill learned that David had complained, Bill told other supervisors that
David was lazy and irresponsible, and he made jokes about David’s accent. Which of the
following holds true in this scenario?
A) Bluerock Tire Manufacturing Company will not be liable because it is a personal problem
between David and Bill.
B) David has been a victim of discrimination based on race, and thus he has a valid racial
harassment claim against the employer.
C) David can file a disparate impact claim against Bluerock Tire Manufacturing Company
under 42 U.S.C. section 1983.
D) Bluerock Tire Manufacturing Company is not liable because David was not actually
harmed.
Answer: B
workplace.
Blooms: Apply
Difficulty: 3 Hard
Feedback: In this scenario, David has been a victim of discrimination based on race; thus, he
has a valid racial harassment claim against the employer. To hold an employer liable for racial
harassment, the employee must show that the harassment was based on race. Title VII of the
Civil Rights Act of 1964 prohibits employment discrimination against a person because of
cultural characteristics often linked to race or ethnicity, such as a person’s name, cultural dress
and grooming practices, or accent or manner of speech.
29. “9 out of 10 whites under 30 believe African-Americans and whites are treated equally.” A
potential implication of this is:
A) employers would be more likely to take steps to reduce racial discrimination in the
workplace.
B) there would be a decline in the number of race-based discrimination claims filed by
nonwhite employees with the Equal Employment Opportunity Commission (EEOC) or any
other similar federal agencies.
C) employers would face more reverse discrimination claims from white employees under Title
VII of the Civil Rights Act of 1964.
D) employers would be less likely to respond appropriately to claims of racial discrimination
from nonwhite employees and thus increase the likelihood of liability under Title VII of the
Civil Rights Act of 1964.
Answer: D
workplace.
Blooms: Understand
6-12
Feedback: Things have changed dramatically in the 50 years since the passage of the Civil
Rights Act of 1964; however, with the mind-set of this poll’s findings, employers would be less
likely to respond appropriately to claims of racial discrimination from nonwhite employees and
thus increase the likelihood of liability under Title VII (of the Civil Rights Act of 1964). Even
in the midst of legalized segregation and Jim Crow, polls showed that whites thought blacks
were treated equally.
30. Alex, an African-American with a meritorious law degree, is hired as the first black
associate at a prestigious law firm under an affirmative action recruiting program. He handles
routine assignments outstandingly. After a few months, Alex realizes that unlike the other
first-year associates, he is being given less complex projects, which prevents him from growing
at his job. Having asked for more challenging work, Alex is told that the work he is being given
is what is expected out of him and is appropriate for his level of experience. Alex files a
complaint of race discrimination with the Equal Employment Opportunity Commission
(EEOC). In this scenario, Alex has:
A) no basis for a complaint of race discrimination because his job was not affected by his
assignments.
B) no basis for a complaint of race discrimination due to the business necessity defense.
C) a basis for a claim of discrimination because he is being treated differently from others who
are similarly situated and not of his race.
D) a basis for a claim of discrimination under the bona fide occupational qualification defense.
Answer: C
Topic: Recognizing Race Discrimination
Blooms: Apply
Difficulty: 3 Hard
Feedback: Alex has a basis for a claim of discrimination because he is being treated differently
from others who are similarly situated and not of his race. Often employers are held liable for
race discrimination because they treated employees of a particular race differently without even
realizing that they were building a case of race discrimination for which they could ultimately
be liable.
31. Maya is claiming that she was subjected to racial harassment by her co-workers. To hold her
employer liable for racial harassment, Maya must prove that:
A) the harassment was unwelcome and was based on race.
B) she is a member of a protected class or minority race.
C) the harassment was not just verbal.
D) she has the bona fide occupational qualification defense.
Answer: A
Blooms: Understand
6-13
Feedback: To hold her employer liable for racial harassment, Maya must prove that the
harassment was unwelcome and was based on race. To hold an employer liable for racial
harassment, the employee must show that the harassment was (l) unwelcome, (2) based on race,
and (3) so severe or pervasive that it altered the conditions of employment and created an
abusive environment, and that (4) there is a basis for imposing liability on the employer.
32. Tiffany, a light-complexioned African-American, is the manager of the cosmetics

department at a large retail store. She does not promote Monica, a brown-complexioned
African-American who is eligible for the promotion, because she believes that customers prefer
lighter-skinned cosmetic consultants. Thus, Monica:
A) does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964
because Tiffany was only trying to improve the sales of the retail store.
B) has a discrimination claim under Title VII of the Civil Rights Act of 1964 because color
discrimination can occur between members of the same race.
C) does not have a color discrimination claim under Title VII of the Civil Rights Act of 1964
because Tiffany did not show any pervasive racial discrimination against Monica.
D) has a discrimination claim under Title VII of the Civil Rights Act of 1964 because of the
bona fide occupational qualification defense.
Answer: B
Blooms: Apply
Difficulty: 3 Hard
Feedback: Monica has a discrimination claim under Title VII of the Civil Rights Act of 1964
because color discrimination can occur between members of the same race. Even though race
and color clearly overlap, they are not synonymous. Thus, color discrimination can occur
between persons of different races or ethnicities, or between persons of the same race or
ethnicity.
33. To hold an employer liable for racial harassment, an employee must show that:
A) the harassment was severe or pervasive enough to alter the conditions of employment.
B) he or she is a member of a protected class.
C) the harassment involved physical abuse.
D) he or she has been working for the employer for more than five years.
Answer: A
Blooms: Understand
Feedback: To hold an employer liable for racial harassment, the employee must show that the
harassment was (l) unwelcome, (2) based on race, and (3) so severe or pervasive that it altered
6-14
the conditions of employment and created an abusive environment, and that (4) there is a basis
for imposing liability on the employer. The employer is responsible for such activity if the
employer himself or herself is the one who perpetrates the harassment, or if it is permitted in the
workplace by the employer or supervisory employees.
34. Juan is a chemical engineer at Blue Ring Chemicals. He is the only Hispanic employee in
his department. He is terminated after 10 months on the job based on poor performance.
According to his supervisor, Juan continued to be the least productive employee in the
department is spite of frequent feedback and training given to him. Juan believes he has a good
claim for discrimination because he was the only Hispanic in the department. Which of the
following holds true in this scenario?
A) Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964
because he was terminated for poor performance, a legitimate nondiscriminatory reason.
B) Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964
because he is protected by an affirmative action plan.
C) Juan does not have a claim for discrimination under Title VII of the Civil Rights Act of 1964
because Hispanics are not a protected category.
D) Juan has a valid claim for discrimination under Title VII of the Civil Rights Act of 1964
because the action taken against him was severe or pervasive in nature.
Answer: A
Blooms: Apply
Difficulty: 3 Hard
Feedback: Juan does not have a claim for discrimination under Title VII of the Civil Rights Act
of 1964 because he was terminated for poor performance, a legitimate nondiscriminatory
reason. Intent to discriminate may be established by direct evidence of discrimination by an
employer even when the employer may discriminate for what it considers to be justifiable
reasons. However, in this case, Juan was given necessary feedback about his performance that
would have helped him perform better and perhaps avoid dismissal.
35. When an employee has complained to his or her employer about racial harassment, the
employer should:
A) ignore the claim if there has only been one isolated incident of misconduct because one
incident does not constitute racial harassment.
B) investigate and take immediate corrective action against the perpetrators by reprimanding
and warning them against future incidents.
C) tell the employee that he or she must be mistaken and ask the employee to withdraw the
complaint.
D) eliminate any future harassment problems by telling supervisors not to provide negative
feedback to the employee.
Answer: B
6-15

Blooms: Understand
Feedback: An employer’s best approach to racial harassment is to maintain a workplace in
which such activity is not permitted or condoned in any way, to take all racial harassment
complaints seriously, and to take immediate corrective action, if necessary, after investigation.
An employer must do this to avoid liability.
36. In Chandler v. Fast Lane, Inc., Chandler, a white employee, alleged that she was forced to
leave her job for refusing to follow her employer’s discriminatory practices against
African-American employees. In this case, the court decided that:
A) Chandler had no right to sue her employer because she was a white employee.
B) the employer had no liability because Chandler was involved in an opposition activity.
C) Chandler had a valid claim under Title VII of the Civil Rights Act of 1964.
D) the employer was liable only to the African-American employees and not to Chandler.
Answer: C
Blooms: Understand
Feedback: Chandler had a valid claim under Title VII of the Civil Rights Act of 1964. The
Chandler v. Fast Lane, Inc. case is an unusual manifestation of racial discrimination that might
well slip by a manager. In Chandler, the action was brought by a white manager who was trying
not to discriminate when her company wanted her to do so. One should be aware that this also is
covered by Title VII of the Civil Rights Act of 1964.
37. An employer can avoid liability for racial harassment by showing that the:
A) employer himself or herself did not directly perpetrate the harassment.
B) employee is not a member of a protected group.
C) employer took prompt, corrective remedial action to address the situation.
D) employee was not subjected to physical abuse.
Answer: C
Blooms: Understand
Feedback: In Daniels v. WorldCom Corp., the employer took prompt, corrective remedial
action to address the situation, so the court found no liability. For racial harassment cases, it is
important to keep in mind that an employer’s prompt response to harassment is important.
6-16
38. Employers accused of violating Title VII’s (of the Civil Rights Act of 1964) prohibition of
race discrimination in employment will be found liable:
A) only if the employee can prove that physical abuse was involved.
B) if the employer or supervisory employees permitted harassing activities in the workplace.
C) only if the employee can prove the business necessity defense.
D) if the employer terminates an employee from a protected category based on his or her poor
performance.
Answer: B
Blooms: Understand
Feedback: An employer is responsible for racial harassment if the employer himself or herself
is the one who perpetrates the harassment, or if it is permitted in the workplace by the employer
or supervisory employees. Actions for racial harassment, like those of race discrimination
under Title VII of the Civil Rights Act of 1964, may be brought under the same alternative
statutes as race discrimination, as appropriate—that is, the post–Civil War statutes, state human
rights or fair employment practice laws, or constitutional provisions.
39. Cynthia Williams filed a lawsuit against her employer for racial harassment from a
co-worker. The evidence at trial indicated that her employer responded immediately to
Cynthia’s allegations of racial discrimination by investigating the matter, reprimanding the
harasser, and conducting department-wide meetings to discuss the company’s policy on race
discrimination. In this scenario:
A) Cynthia will win the lawsuit because her employer acknowledged that racial discrimination
occurred.
B) Cynthia will win the lawsuit because her employer did not terminate the harassing employee.
C) the employer has no liability because the employer acted reasonably when notified of the
racial harassment.
D) the employer has no liability because the employer himself or herself was not the one who
perpetrated the harassment.
Answer: C
Blooms: Apply
Difficulty: 3 Hard
Feedback: In this scenario, the employer has no liability because the employer acted reasonably
when notified of the racial harassment. Even if an employee works in an atmosphere in which
severe and pervasive harassing activity is directed at the employee because of the employee’s
race or color, if the employer takes prompt, corrective remedial action to address the situation,
the court finds no liability.
6-17
40. Maria is a brown-skinned Latina who works the morning shift as a waitress at the
Waltersville All-Day Diner. Maria is later assigned the night shift, and Julia, a light-skinned
Latina who is a new employee at the diner, replaces Maria in the morning shift. When Maria
complains to the manager that according to the company’s policy, only new employees who are
in training are assigned night shifts, the manager says that he would be willing to reconsider his
decision if Maria can improve her complexion. Which of the following holds true in this
scenario?
A) Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964
based on race.
B) Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of 1964
based on color.
C) Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964
because she does not belong to a protected class.
D) Maria cannot bring a claim of discrimination under Title VII of the Civil Rights Act of 1964
because both she and Julia are from the same race.
Answer: B
Blooms: Apply
Difficulty: 3 Hard
Feedback: Maria can bring a claim of discrimination under Title VII of the Civil Rights Act of
1964 based on color. Color discrimination occurs when a person is discriminated against based
on the lightness, darkness, or other color characteristic of the person. Even though race and
color clearly overlap, they are not synonymous.
41. Which of the following constitutes national origin discrimination?

A) Laila is often ill treated at work because her father is a Ukrainian.
B) Brenda, a light-complexioned African-American, receives more job offers than her other
African-American friends.
C) Nathan is not put on any international assignments because he is not comfortable living in
other countries.
D) Sasha is often sent on projects to Asia because she knows two to three Asian languages.
Answer: A
Blooms: Apply
Feedback: Laila being ill treated at work because her father is a Ukrainian constitutes national
origin discrimination. Whether an employee or job applicant’s ancestry is Mexican, Ukrainian,
Filipino, Arab, American Indian, or any other nationality, he or she is entitled to the same
employment opportunities as anyone else. National origin discrimination also means treating
6-18
someone less favorably at work because of marriage or other association with someone of a
particular nationality.
42. Which of the following is an effective management practice to avoid claims of race
discrimination from employees?
A) Underplaying the significance of what occurred when an employee reports racial harassment
B) Reducing diversity within a workplace as much as possible
C) Providing a positive, nonthreatening, constructive forum for the discussion of racial issues
D) Believing that race discrimination can never occur in one’s organization
Answer: C
discrimination.
Blooms: Understand
Feedback: Race discrimination can seem elusive. Because a manager can be unaware of the
presence of race discrimination, he or she can miss it until litigation arises. To avoid such
liability, employers should provide a positive, nonthreatening, constructive forum for the
discussion of racial issues. They should not let the only time a discussion of race arises be in the
midst of an allegation of racial discrimination.
43. If an employer institutes a judicially imposed or voluntary affirmative action plan that can
withstand judicial scrutiny, the employer:
A) can discriminate against employees without being liable.
B) will not be liable to employees for reverse discrimination.
C) cannot be held liable for retaliatory actions against employees involved in protected
activities.
D) will have to set mandatory quotas to hire and promote minorities in the workplace.
Answer: B
discrimination.
Blooms: Understand
Feedback: An employer who must remedy racial discrimination may not avoid doing so
because of the possibility of a reverse discrimination suit by employees alleging they were
adversely affected. If an employer institutes a judicially imposed or voluntary affirmative
action plan that can withstand judicial scrutiny, the employer will not be liable to employees for
reverse discrimination.
44. Some employees at the New America Telephone Company (NATC) hang a noose in the
workplace as a joke directed toward those who lost a Super Bowl bet. Upon seeing the noose,
Wilson, a black employee, is intimidated and reports the incident to company management. The
management at NATC investigates immediately and asks the perpetrators to apologize for their
6-19
actions. Also, the management sends out a message to all employees explaining the history of
the noose as a symbol of racial hatred. In spite of the management’s efforts, Wilson files a
complaint of discrimination based on racial harassment. Which of the following holds true in
this scenario?
A) Wilson will not be able to prove racial harassment because this incident was not racially
motivated and management took immediate corrective action.
B) Wilson will be able to prove racial harassment because hanging a noose is symbolic of the
use of lynching to terrorize African-Americans.
C) Wilson will not be able to prove racial harassment because of the bona fide occupational
qualification defense.
D) Wilson will be able to prove racial harassment because management did not fire the
employees who hung the noose.
Answer: A
discrimination.
Blooms: Apply
Difficulty: 3 Hard
Feedback: Wilson will not be able to prove racial harassment because this incident was not
racially motivated and management took immediate corrective action. The employer’s best
approach to racial harassment is to maintain a workplace in which such activity is not permitted
or condoned in any way, to take all racial harassment complaints seriously, and to take
immediate corrective action, if necessary, after investigation. If an employer takes immediate
corrective action, liability can be avoided.
45. An ineffective way to handle racial harassment at the workplace would be:
A) providing a positive, nonthreatening, constructive forum for the discussion of racial issues.
B) making sure that there is a top-down message that the workplace will not tolerate race
discrimination in any form.
C) offering training in racial awareness and sensitivity to all employees.
D) telling an employee who reports discrimination based on race that he or she must be
mistaken, even before investigating.
Answer: D
discrimination.
Blooms: Understand
Feedback: When an employee reports discrimination based on race, an employer’s first move
should not be telling the employee he or she must be mistaken. It is important to investigate it as
any other workplace matter would be investigated.
Essay Questions
6-20
46. Describe any five of the elements that constitute Title VII’s (of the Civil Rights Act of
1964) prohibition of race discrimination. Give an example for each.
Answer: a) Employment discrimination based on racial or ethnic ancestry: Discrimination
against a person because of his or her ancestry can violate Title VII’s prohibition against race
discrimination. Sometimes this overlaps with national origin, such as discrimination because
the person comes from a particular country or is a descendant of people from that country. An
example of racial ancestry is Asian.
b) Employment discrimination based on a person’s physical characteristics: It can be associated
with race, such as a person's color, hair, facial features, height, and weight. An example of this
would be slanted eyes; making fun of a person on that basis would be racial discrimination.
c) Race-linked illness: Some illnesses are more prevalent among certain races. An example is
sickle cell anemia, a genetically transmitted disease that occurs more frequently among black
persons of African descent. An employer who had policies that screened out persons with such
an illnesses might be discriminating based on race. If the employer applies facially neutral
standards to exclude treatment for conditions or risks that disproportionately affect employees
on the basis of race or ethnicity, the employer must show that the standards are based on
generally accepted medical criteria.
d) Employment discrimination against a person because of cultural characteristics: It is often
linked to race or ethnicity, such as a person's name, cultural dress and grooming practices, or
accent or manner of speech. For example, an employment decision based on a person having a
so-called “black accent,” violates Title VII if the accent or manner of speech does not
materially interfere with the ability to perform job duties.
e) Employment discrimination against an individual based on a belief that the individual is a
member of a particular racial group, regardless of how the individual identifies himself or
herself. Discrimination against an individual based on a perception of his or her race violates
Title VII even if that perception is wrong. Therefore, if a person is discriminated against
because he or she is considered to be of a particular racial group, that is discrimination. Such
discrimination might occur if a person is multiracial.
workplace.
Blooms: Remember
Difficulty: 1 Easy
47. Discuss national origin discrimination at the workplace.

Answer: Whether an employee or job applicant’s ancestry is Mexican, Ukrainian, Filipino,
Arab, American Indian, or any other nationality, he or she is entitled to the same employment
opportunities as anyone else.
National origin discrimination means treating someone less favorably because he or she comes
from a particular place, because of his or her ethnicity or accent, or because it is believed that he
or she has a particular ethnic background. National origin discrimination also means treating
someone less favorably at work because of marriage or other association with someone of a
particular nationality.
6-21

Blooms: Understand
48. Describe an employer’s best approach to avoiding liability for racial harassment in the
workplace.
Answer: The employer’s best approach to racial harassment is to maintain a workplace in which
such activity is not permitted or condoned in any way, to take all racial harassment complaints
seriously, and to take immediate corrective action, if necessary, after investigation. The
employer should communicate to all employees that such harassment is not permitted and will
not be tolerated or condoned in the workplace. The employer should have a meaningful
mechanism for learning when such behavior is occurring, take all complaints seriously,
investigate all complaints, and, if necessary, take immediate corrective action. It is important
for an employer to keep up with changes that result in new and different ways to harass, as his
prompt response to a case of harassment is important to helping him avoid liability.
Blooms: Understand
49. Francisco, a Hispanic man, is employed by the Inter-Pacific Railroad as a supervisory

conductor on its commuter trains. Except for one white woman, all other supervisory
conductors are black men. The other supervisor conductors refer to Francisco as “Taco” and
used other racial slurs when referring to him. Francisco complains about this to the senior
trainmaster and threatens to file a claim with the Equal Employment Opportunity Commission
(EEOC). What steps would you suggest the trainmaster follow so as to address Francisco’s
concerns and prevent him from filing a claim with the EEOC?
Answer: Students’ answers may vary. However, a good answer should include the following:
a) The trainmaster should start an investigation immediately.
b) He should take Francisco’s allegations of race discrimination seriously.
c) He should reprimand the other supervisory conductors involved in the discrimination.
d) He should reiterate that the company will not tolerate any type of discrimination based on
race.
e) He should provide additional training to ensure that the employees are aware of what type of
behavior is prohibited.
An employer’s best approach to racial harassment is to maintain a workplace in which such
activity is not permitted or condoned in any way, to take all racial harassment complaints
seriously, and to take immediate corrective action, if necessary, after investigation. If an
employer takes immediate corrective action, liability can be avoided.
Blooms: Apply
6-22

Difficulty: 3 Hard
50. The management of Astral Hospital Center wants to reduce race discrimination and racial
harassment at the workplace. In the process, it also wants to avoid potential liability for race and
color discrimination. What practices can the hospital adopt to ensure this?
Answer: The following tips may prove useful to the management of Astral Hospital Center:
• Believe that race discrimination occurs and be willing to investigate it when it is alleged.
• Make sure that there is a top-down message that the workplace will not tolerate race
discrimination in any form.
• Do not shy away from discussing race when the issue arises. Be open to learning and sharing.
There are many resources you can use, including the Internet and books on race.
• Provide a positive, nonthreatening, constructive forum for the discussion of racial issues. Do
not let the only time a discussion of race arises be in the midst of an allegation of racial
discrimination.
• Be aware of cultural differences that may be connected, at least in part, to race, when doing
things as simple as deciding how to celebrate special events in the workplace.
• When an employee reports discrimination based on race, do not let the first move be telling the
employee he or she must be mistaken. Investigate it as any other workplace matter would be
investigated.
• Be willing to treat the matter as a misunderstanding if it is clear that is what has taken place.
There is no use in making a federal case (literally) out of a matter that could be handled much
more simply. Do not, however, underplay the significance of what occurred.
• Offer support groups if there is an expressed need.
• Offer training in racial awareness and sensitivity. Courts have offered language indicating
they will look more favorably on employers who do so.
• Constantly monitor workplace hiring, termination, training, promotion, raises, and discipline
to ensure that they are fair and even-handed. If there are differences in treatment among races,
be sure they are explainable and legally justifiable.
discrimination.
Blooms: Apply
6-23
Another random document with
no related content on Scribd:
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
To protect the Project Gutenberg™ mission of promoting the free

distribution of electronic works, by using or distributing this work (or
any other work associated in any way with the phrase “Project
Gutenberg”), you agree to comply with all the terms of the Full
Project Gutenberg™ License available with this file or online at
www.gutenberg.org/license.
Section 1. General Terms of Use and

Redistributing Project Gutenberg™
electronic works
1.A. By reading or using any part of this Project Gutenberg™
electronic work, you indicate that you have read, understand, agree
to and accept all the terms of this license and intellectual property
(trademark/copyright) agreement. If you do not agree to abide by all
the terms of this agreement, you must cease using and return or
destroy all copies of Project Gutenberg™ electronic works in your
possession. If you paid a fee for obtaining a copy of or access to a
Project Gutenberg™ electronic work and you do not agree to be
bound by the terms of this agreement, you may obtain a refund from
the person or entity to whom you paid the fee as set forth in
paragraph 1.E.8.
1.B. “Project Gutenberg” is a registered trademark. It may only be

used on or associated in any way with an electronic work by people
who agree to be bound by the terms of this agreement. There are a
few things that you can do with most Project Gutenberg™ electronic
works even without complying with the full terms of this agreement.
See paragraph 1.C below. There are a lot of things you can do with
Project Gutenberg™ electronic works if you follow the terms of this
agreement and help preserve free future access to Project
Gutenberg™ electronic works. See paragraph 1.E below.
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright law in
the United States and you are located in the United States, we do
not claim a right to prevent you from copying, distributing,
performing, displaying or creating derivative works based on the
work as long as all references to Project Gutenberg are removed. Of
course, we hope that you will support the Project Gutenberg™
mission of promoting free access to electronic works by freely
sharing Project Gutenberg™ works in compliance with the terms of
this agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms of
this agreement by keeping this work in the same format with its
attached full Project Gutenberg™ License when you share it without
charge with others.
1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the terms
of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.
1.E. Unless you have removed all references to Project Gutenberg:
1.E.1. The following sentence, with active links to, or other

immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project Gutenberg™
work (any work on which the phrase “Project Gutenberg” appears, or
with which the phrase “Project Gutenberg” is associated) is
accessed, displayed, performed, viewed, copied or distributed:
This eBook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this eBook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.
1.E.2. If an individual Project Gutenberg™ electronic work is derived

from texts not protected by U.S. copyright law (does not contain a
notice indicating that it is posted with permission of the copyright
holder), the work can be copied and distributed to anyone in the
United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must
comply either with the requirements of paragraphs 1.E.1 through
1.E.7 or obtain permission for the use of the work and the Project
Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.
1.E.3. If an individual Project Gutenberg™ electronic work is posted

with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works posted
with the permission of the copyright holder found at the beginning of
this work.
1.E.4. Do not unlink or detach or remove the full Project

Gutenberg™ License terms from this work, or any files containing a
part of this work or any other work associated with Project
Gutenberg™.
1.E.5. Do not copy, display, perform, distribute or redistribute this

electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if you
provide access to or distribute copies of a Project Gutenberg™ work
in a format other than “Plain Vanilla ASCII” or other format used in
the official version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original “Plain
Vanilla ASCII” or other form. Any alternate format must include the
full Project Gutenberg™ License as specified in paragraph 1.E.1.
1.E.7. Do not charge a fee for access to, viewing, displaying,

performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.
1.E.8. You may charge a reasonable fee for copies of or providing

access to or distributing Project Gutenberg™ electronic works
provided that:
• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”
• You provide a full refund of any money paid by a user who

notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
License. You must require such a user to return or destroy all
copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.
• You provide, in accordance with paragraph 1.F.3, a full refund of

any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.
• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.
1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™

electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.
1.F.
1.F.1. Project Gutenberg volunteers and employees expend

considerable effort to identify, do copyright research on, transcribe
and proofread works not protected by U.S. copyright law in creating
the Project Gutenberg™ collection. Despite these efforts, Project
Gutenberg™ electronic works, and the medium on which they may
be stored, may contain “Defects,” such as, but not limited to,
incomplete, inaccurate or corrupt data, transcription errors, a
copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer
codes that damage or cannot be read by your equipment.
1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except

for the “Right of Replacement or Refund” described in paragraph
1.F.3, the Project Gutenberg Literary Archive Foundation, the owner
of the Project Gutenberg™ trademark, and any other party
distributing a Project Gutenberg™ electronic work under this
agreement, disclaim all liability to you for damages, costs and
expenses, including legal fees. YOU AGREE THAT YOU HAVE NO
REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE
FOUNDATION, THE TRADEMARK OWNER, AND ANY
DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE
TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.
1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you

discover a defect in this electronic work within 90 days of receiving it,
you can receive a refund of the money (if any) you paid for it by
sending a written explanation to the person you received the work
from. If you received the work on a physical medium, you must
return the medium with your written explanation. The person or entity
that provided you with the defective work may elect to provide a
replacement copy in lieu of a refund. If you received the work
electronically, the person or entity providing it to you may choose to
give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may
demand a refund in writing without further opportunities to fix the
problem.
1.F.4. Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
1.F.5. Some states do not allow disclaimers of certain implied

warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted
by the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the
Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and distribution
of Project Gutenberg™ electronic works, harmless from all liability,
costs and expenses, including legal fees, that arise directly or
indirectly from any of the following which you do or cause to occur:
(a) distribution of this or any Project Gutenberg™ work, (b)
alteration, modification, or additions or deletions to any Project
Gutenberg™ work, and (c) any Defect you cause.
Section 2. Information about the Mission of

Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers.
It exists because of the efforts of hundreds of volunteers and
donations from people in all walks of life.
Volunteers and financial support to provide volunteers with the

assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a
secure and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help,
see Sections 3 and 4 and the Foundation information page at
www.gutenberg.org.
Section 3. Information about the Project

Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.
The Foundation’s business office is located at 809 North 1500 West,

Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact
Section 4. Information about Donations to

the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can
be freely distributed in machine-readable form accessible by the
widest array of equipment including outdated equipment. Many small
donations ($1 to $5,000) are particularly important to maintaining tax
exempt status with the IRS.
The Foundation is committed to complying with the laws regulating

charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and
keep up with these requirements. We do not solicit donations in
locations where we have not received written confirmation of
compliance. To SEND DONATIONS or determine the status of
compliance for any particular state visit www.gutenberg.org/donate.
While we cannot and do not solicit contributions from states where

we have not met the solicitation requirements, we know of no
prohibition against accepting unsolicited donations from donors in
such states who approach us with offers to donate.
International donations are gratefully accepted, but we cannot make

any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.
Section 5. General Information About Project

Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.
Project Gutenberg™ eBooks are often created from several printed

editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.
Most people start at our website which has the main PG search
facility: www.gutenberg.org.
This website includes information about Project Gutenberg™,

including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how
to subscribe to our email newsletter to hear about new eBooks.

Instant Download PDF Employment Law For Business 8th Edition Bennett-Alexander Test Bank Full Chapter

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Instant Download PDF Employment Law For Business 8th Edition Bennett-Alexander Test Bank Full Chapter

Uploaded by

Copyright:

Available Formats

Employment Law for Business 8th

Edition Bennett-Alexander Test Bank

Employment Law for Business 8th Edition Bennett-

Employment Law For Business 6th Edition Bennett-

Employment Law for Business 9th Edition Bennett-

Employment Law For Business 7th Edition Bennett-

Employment and Labor Law 8th Edition Cihon Test Bank

Employment and Labor Law 8th Edition Cihon Solutions

Employment Law for Human Resource Practice 4th Edition

Employment Law for Human Resource Practice 5th Edition

8. An English-only rule may be used at a workplace if it is needed to promote the safe or

Multiple Choice Questions

21. A study by University of Georgia researchers published in the Journal of Vocational

32. Tiffany, a light-complexioned African-American, is the manager of the cosmetics

Topic: Racial Harassment

41. Which of the following constitutes national origin discrimination?

47. Discuss national origin discrimination at the workplace.

Topic: Evolving Definitions of Race

49. Francisco, a Hispanic man, is employed by the Inter-Pacific Railroad as a supervisory

AACSB: Reflective Thinking

To protect the Project Gutenberg™ mission of promoting the free

Section 1. General Terms of Use and

1.B. “Project Gutenberg” is a registered trademark. It may only be

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other

1.E.2. If an individual Project Gutenberg™ electronic work is derived

1.E.3. If an individual Project Gutenberg™ electronic work is posted

1.E.4. Do not unlink or detach or remove the full Project

1.E.5. Do not copy, display, perform, distribute or redistribute this

1.E.7. Do not charge a fee for access to, viewing, displaying,

1.E.8. You may charge a reasonable fee for copies of or providing

• You provide a full refund of any money paid by a user who

• You provide, in accordance with paragraph 1.F.3, a full refund of

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™

1.F.1. Project Gutenberg volunteers and employees expend

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you

1.F.5. Some states do not allow disclaimers of certain implied

Section 2. Information about the Mission of

Volunteers and financial support to provide volunteers with the

Section 3. Information about the Project

The Foundation’s business office is located at 809 North 1500 West,

Section 4. Information about Donations to

The Foundation is committed to complying with the laws regulating

While we cannot and do not solicit contributions from states where

International donations are gratefully accepted, but we cannot make

Section 5. General Information About Project

Project Gutenberg™ eBooks are often created from several printed

This website includes information about Project Gutenberg™,

You might also like